Opinion · Court of Appeals for the Eleventh Circuit
Smith v. City of Cumming
212 F.3d 1332
- Type
- Opinion
- Court
- Court of Appeals for the Eleventh Circuit
- Jurisdiction
- Federal
- Date
- 2000-05-31
- Topic
- general
holding that “[t]he First Amendment protects the . . . right to record matters of public interest” | concluding that the First Amendment protects the right to visually “record matters of public interest” | recognizing the First Amendment "right to gather information about what public officials do on public property" and "to record matters of public interest" | finding that there is a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct | agreeing that the plaintiffs had a First Amendment right to photograph and videotape police conduct, subject to reasonable restrictions | finding that the right to record police activity in public flows from the “general right to gather information about what public officials do on public property, and ... a right to record matters of public interest” | recognizing plaintiffs had a First Amendment “right to videotape police activities” | recognizing plaintiffs had a First Amendment “right to videotape police activities” | finding that the claimants had a First No. 23-1872 Somberg v. McDonald Page 19 Amendment right to record police conduct on public property as part of their “right to gather information about what public officials do on public property” | declaring a right to record police conduct, subject to reasonable time, place, and manner restrictions | recognizing a “First Amendment right . . . to photograph or videotape police conduct” because the amendment “protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest” | finding a “First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct” | permitting the filming of police conduct subject to reasonable time place and manner restrictions | stating the “First Amendment protects the right to gather information about what public officials do on public property” and that this protection is subject to reasonable time, place, and manner restrictions | “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.” | “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.” | “The First Amendment protects the right to gather information about ASKINS V. DHS 17 what public officials do on public property, and specifically, a right to record matters of public interest.” | “The First Amendment protects the right to gather information about what public officials do on public property.” | court analyzed restriction on Plaintiff’s ability to videotape police activities as a restriction on speech in a public forum | “The First Amendment protects the right to gather information about what public officials do on public property[.]” | “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.” | “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest” | “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.” | “The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.” | “The First Amendment protects the 25 right to gather information about what public officials do on public property, and specifically, a 26 right to record matters of public interest” | “As to the First Amendment claim under Section 1983, we agree with the Smiths
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James and Barbara Smith filed suit against the City of Cumming, Georgia (the “City”), and its police chief, Earl Single-tary, pursuant to 42 U.S.C. § 1983, alleging that the City police had harassed the Smiths, including a claim that Mr. Smith had been prevented from videotaping police actions in violation of Smith’s First Amendment rights. They appeal from summary judgment granted to the City and Singletary and from the denial of the Smiths’ motion to amend their complaint so as to name another City police chief, Ralph “Buck” Jones, 1 as a defendant in the *1333 place of a defendant originally identified as “John Doe.” We affirm.
As to the First Amendment claim under Section 1983, we agree with the Smiths that they had a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct. The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest. See Blackston v. Alabama, 30 F.3d 117, 120 (11th Cir.1994) (finding that plaintiffs’ interest in filming public meetings is protected by the First Amendment); Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th Cir.1995) (recognizing a “First Amendment right to film matters of public interest”); Iacobucci v. Boulter, No. CIV.A. 94-10531, 1997 WL 258494 (D.Mass, Mar. 26, 1997) (unpublished opinion) (finding that an independent reporter has a protected right under the First Amendment and state law to videotape public meetings); see also United States v. Hastings, 695 F.2d 1278, 1281 (11th Cir.1983) (finding that the press generally has no right to information superior to that of the general public) (citing Nixon v. Warner Communications, Inc., 435 U.S. 589, 609, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978)); Lambert v. Polk County, 723 F.Supp. 128, 133 (S.D.Iowa 1989) (“[I]t is not just news organizations ... who have First Amendment rights to make and display videotapes of events.... ”); Thompson v. City of Clio, 765 F.Supp. 1066, 1070-71 (M.D.Ala.1991) (finding that city council’s ban on member’s attempt to record proceedings regulated conduct protected by the First Amendment); cf. Williamson v. Mills, 65 F.3d 155 (11th Cir.1995) (reversing district court’s grant of qualified immunity to a law enforcement officer who seized the film of and arrested a participant in a demonstration for photographing undercover officers). Thus, the district court erred in concluding that there was no First Amendment right.
Nonetheless, under Section 1983, the Smiths must prove that the conduct complained of deprived them of “a right, privilege or immunity secured by the constitution or laws of the United States.” Nail v. Community Action Agency of Calhoun County, 805 F.2d 1500, 1501 (11th Cir.1986). Although the Smiths have a right to videotape- police activities, they have not shown that the Defendants’ actions violated that right. We find no merit in the remaining arguments presented in this appeal. AFFIRMED.
. Jones and Singletary served together for several months as co-chiefs of police. Later, Singletary was chosen as chief, and when he left Cumming, Jones succeeded him as chief.